The formation of Chinese environmental legislations and its systematic construction
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D922.68

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    Abstract:

    The framework of Chinese environmental legal system has been basically formed in the past 40 years. However, the decentralized environmental legislation dominated by departmental interests leads to the fragmentation of environmental resources protection legislation.To explore the way of systematization of environmental law, The author determined pollution control law, natural resources law and recycling law to be the main content of the environmental legislations based on the attributes and characteristics of environmental laws and regulations and emergence and evolution of environmental laws. On this basis, the author reviewed the pattern of environmental legislation system of China and examined and evaluated practical constitution of environmental legislation system of China, in order to identify the structural difficulties in the course of systematization of the environmental legislation system of China. By referring to the legislation modes and systematization trends of environmental laws in overseas countries, the author put forward that systematization of environmental laws is a periodical legislation work,which provides guidance for the direction of the systematization of environmental legislation in China. Specifically speaking, in order to solve the current environmental legislation overlapping, conflict and other uncoordinated problems, in the near future, we shall base on the current pollution control law, natural resources law and recycling law to straighten out and improve relevant environmental laws and regulations; next, we shall formulate general principles for environmental laws in planning for medium-term environmental laws and integrate relevant environmental laws and regulations to the largest extent; the ultimate goal of environmental legislation is to form environmental acts and it is expected to gradually improve environmental legislation system in line with actual needs of the society.

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鄢德奎.中国环境法的形成及其体系化建构[J].重庆大学学报社会科学版,2020,26(6):153~164

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History
  • Received:
  • Revised:March 20,2020
  • Adopted:
  • Online: November 12,2020
  • Published: